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NYC Liberal

(20,136 posts)
Mon Jun 8, 2015, 10:39 AM Jun 2015

Supreme Court strikes down law in Jerusalem passport case

Source: CNN

The Supreme Court struck down part of a federal statute that allowed Americans born in Jerusalem to list "Israel" as the place of birth on their passport.

The decision is a victory for the Executive Branch and affirms that "the power to recognize foreign states and governments and their territorial bounds is exclusive to the Presidency."

The case was brought by the family of a 12-year-old boy born in Jerusalem who sought to list Israel as his place of birth in passport."

The vote was 6-3.

Read more: http://www.cnn.com/2015/06/08/politics/zivotofsky-supreme-court-jerusalem-passport/index.html

49 replies = new reply since forum marked as read
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Supreme Court strikes down law in Jerusalem passport case (Original Post) NYC Liberal Jun 2015 OP
I don't think that ruling, as described, holds water. malthaussen Jun 2015 #1
What 'treaty' would that be? The article at the OP mentioned none n/t azurnoir Jun 2015 #7
? We've recognized Israel for years. malthaussen Jun 2015 #8
Recognizing a countries existence or right to exist if you prefer azurnoir Jun 2015 #12
? Diplomatic recognition is a well-understood legal phenomenon. n/t malthaussen Jun 2015 #13
yes but apparently its reach is a bit over estimated-the US has not recognized azurnoir Jun 2015 #14
The Treaty question is still unanswered Sprael Jun 2015 #16
Well then you should be able to understand it CreekDog Jun 2015 #46
Message auto-removed Name removed Jun 2015 #49
I'm missing something here... Elmer S. E. Dump Jun 2015 #2
Both Israelis and Palestininas claim Jerusalem and it is not designated as belonging to one or the OregonBlue Jun 2015 #3
So where was he born? former9thward Jun 2015 #4
Occupied territory n/t cosmicone Jun 2015 #5
You really think the State Department will allow that in the passport? former9thward Jun 2015 #9
depends on exactly where he was born azurnoir Jun 2015 #15
Jerusalem n/t geomon666 Jun 2015 #6
Jerusalem. NuclearDem Jun 2015 #35
Jerusalem OregonBlue Jun 2015 #37
So Jerusalem is a country now? former9thward Jun 2015 #38
You didn't ask what country he was born in Sprael Jun 2015 #39
Yes I am. former9thward Jun 2015 #40
And what country would that be, for Jerusalem? Sprael Jun 2015 #41
Israel. former9thward Jun 2015 #42
Israel because you say so? Sprael Jun 2015 #43
No it is very common. former9thward Jun 2015 #44
I didn't compare your position to the position of most Americans Sprael Jun 2015 #45
all that legal training and your argument here is how you filled out a form CreekDog Jun 2015 #47
Ok, Mr. Stalker former9thward Jun 2015 #48
So then where was he born? Is he a 'non-person'? Elmer S. E. Dump Jun 2015 #10
In Jerusalem Sprael Jun 2015 #11
So his country of origin is Jerusalem? That makes even less sense. Elmer S. E. Dump Jun 2015 #18
His citizenship does not depend on his country of origin hack89 Jun 2015 #20
You didn't ask "in which country" he was born Sprael Jun 2015 #23
Well, which country was he born in? Elmer S. E. Dump Jun 2015 #24
Having a country of origin is not necessary in USA Passport Sprael Jun 2015 #25
Are you sure? GP6971 Jun 2015 #32
I should have been more specific Sprael Jun 2015 #33
Thank you GP6971 Jun 2015 #34
He wasborn in the Occupied Territories... 1monster Jun 2015 #26
That is the position of the US Department of State, and thus his "Country of Birth" happyslug Jun 2015 #30
That is the position of the US Department of State, and thus his "Country' happyslug Jun 2015 #31
We are talking about his US passport. hack89 Jun 2015 #19
He is a non-person according to Israelis if he is Palestinian. closeupready Jun 2015 #22
So in 1695 there were no people known as Americans either. 1monster Jun 2015 #27
I agree with you; my point was, as you imply, closeupready Jun 2015 #28
Palestine...nt Jesus Malverde Jun 2015 #36
Further explanation here: elleng Jun 2015 #17
Wait, so this is good if you're against Israel, right? Reter Jun 2015 #21
Here is the actual opinion happyslug Jun 2015 #29

malthaussen

(17,200 posts)
1. I don't think that ruling, as described, holds water.
Mon Jun 8, 2015, 10:42 AM
Jun 2015

Making a treaty with a foreign power is de facto recognition, and the Senate is supposed to confirm all treaties.

Mind you, I think it's a silly-ass thing to waste the Court's time on, but they didn't ask my opinion.

-- Mal

malthaussen

(17,200 posts)
8. ? We've recognized Israel for years.
Mon Jun 8, 2015, 11:32 AM
Jun 2015

But the point is, the ruling is claiming Executive authority when the authority is shared between the Executive and the Senate.

-- Mal

azurnoir

(45,850 posts)
12. Recognizing a countries existence or right to exist if you prefer
Mon Jun 8, 2015, 12:01 PM
Jun 2015

does not equate either to a treaty or approving or 'recognizing' everything that country does

azurnoir

(45,850 posts)
14. yes but apparently its reach is a bit over estimated-the US has not recognized
Mon Jun 8, 2015, 12:15 PM
Jun 2015

Israel's annexation of East Jerusalem either

Response to CreekDog (Reply #46)

OregonBlue

(7,754 posts)
3. Both Israelis and Palestininas claim Jerusalem and it is not designated as belonging to one or the
Mon Jun 8, 2015, 11:00 AM
Jun 2015

other by the State Department.

azurnoir

(45,850 posts)
15. depends on exactly where he was born
Mon Jun 8, 2015, 12:18 PM
Jun 2015

if he was born in a hospital in the western part of the city, that was part of Israel prior to 1967 then his passport can easily read West Jerusalem Israel

 

NuclearDem

(16,184 posts)
35. Jerusalem.
Mon Jun 8, 2015, 09:49 PM
Jun 2015

Jerusalem is one of those few places where simply listing the city name is sufficient for the State Department.

 

Sprael

(15 posts)
39. You didn't ask what country he was born in
Tue Jun 9, 2015, 06:33 PM
Jun 2015

You simply asked where.

People born in Hong Kong do not have to list a country. Are you against that?

former9thward

(32,016 posts)
40. Yes I am.
Tue Jun 9, 2015, 06:46 PM
Jun 2015

Hong Kong is part of China. Passport information should be standard. There is no city on earth that is not part of a country, including Jerusalem.

 

Sprael

(15 posts)
41. And what country would that be, for Jerusalem?
Tue Jun 9, 2015, 07:21 PM
Jun 2015

?
Additionally, Do Canada and the UK share your position that every city must legally have a country?

former9thward

(32,016 posts)
42. Israel.
Tue Jun 9, 2015, 07:52 PM
Jun 2015

And I don't care what the position of the UK and Canada is. In my passport I was required to put down the country I was born in. Others should also. Jerusalem is not stateless. It never has been.

 

Sprael

(15 posts)
43. Israel because you say so?
Tue Jun 9, 2015, 07:57 PM
Jun 2015

I just want to know why the USA SCOTUS, UK, Canada, Russia, etc. have not gotten your memo that every city has a country.
Could it be that your position is rare?

former9thward

(32,016 posts)
44. No it is very common.
Tue Jun 9, 2015, 08:28 PM
Jun 2015

The vast majority of the people of the U.S. would say Jerusalem is in Israel. Next I suppose you will say Kiev is in Russia because it was once the capital of Russia. Or that Lhasa is in Tibet instead of China. Never ends. Our State Department loves to play political games. But that is all it is. A game that all see though.

 

Sprael

(15 posts)
45. I didn't compare your position to the position of most Americans
Tue Jun 9, 2015, 09:13 PM
Jun 2015

I compared your position to the position of the entities that make decisions for their respective countries. Thats why I mentioned Canada, Russia,etc, and it was clear I wasn't talking about public opinion.

By the way, your game-playing theory actually meant that not only the State Department, but also all those countries I mentioned love to play "games".

hack89

(39,171 posts)
20. His citizenship does not depend on his country of origin
Mon Jun 8, 2015, 01:19 PM
Jun 2015

so putting Jerusalem on his US passport is a moot point - it has no impact.

 

Sprael

(15 posts)
23. You didn't ask "in which country" he was born
Mon Jun 8, 2015, 01:47 PM
Jun 2015

When did I call Jerusalem a "country"? You simply asked "where was he born".
In fact, this is the first time in this thread that you type the word "country".

 

Elmer S. E. Dump

(5,751 posts)
24. Well, which country was he born in?
Mon Jun 8, 2015, 04:11 PM
Jun 2015

The US says he wasn't born in Israel, so I'm simply wondering how does he get a passport if he has no country of origin?

 

Sprael

(15 posts)
25. Having a country of origin is not necessary in USA Passport
Mon Jun 8, 2015, 04:36 PM
Jun 2015

People born in Hong Kong can't have anything under "country" either, in a USA passport.

GP6971

(31,163 posts)
32. Are you sure?
Mon Jun 8, 2015, 06:03 PM
Jun 2015

I know naturalized US citizens have their place of birth on their passports. Or are you talking something different?

1monster

(11,012 posts)
26. He wasborn in the Occupied Territories...
Mon Jun 8, 2015, 04:53 PM
Jun 2015

So what are the Occupied Territories? They used to be called Palestine until Israel occupied them, so I guess it would be correct, if not politically expedient, to call it The Occupied Territories of Palestine.

 

happyslug

(14,779 posts)
30. That is the position of the US Department of State, and thus his "Country of Birth"
Mon Jun 8, 2015, 05:49 PM
Jun 2015

That such determination is made by the Secretary of State NOT Congress is the ruling of the court. As far as the USA is concern his country of birth is Jerusalem and will remain so till there is an international settlement of the Israel and Palestine.

 

happyslug

(14,779 posts)
31. That is the position of the US Department of State, and thus his "Country'
Mon Jun 8, 2015, 06:03 PM
Jun 2015

For purposes of Passports and anything to do with the USA.

 

closeupready

(29,503 posts)
22. He is a non-person according to Israelis if he is Palestinian.
Mon Jun 8, 2015, 01:45 PM
Jun 2015
In 1695 a Dutch orientalist, Hadrian Reland, conducted a geographical survey of the region. He found that none of the known settlements, ancient or contemporary, bore Arabic names. Most names were Hebrew, Greek, or Latin in origin. Moreover, the land was almost empty of inhabitants, desolate, the few towns (Jerusalem, Acre, Safed, Jaffa, Tiberius and Gaza) inhabited mostly by Christians and Jews, with Muslims present only in very small number, mostly Bedouin in the hinterland.

His book, Palaestina ex monumentis veteribus illustrata (Utrecht, 1714), offers no evidence for a “Palestinian people,” “Palestinian heritage,” “Palestinian nation” or “Palestinian homeland” in ancient times; and it provides a powerful argument against the outrageous and transparently false assertions by some modern Arab spokespersons that what most people know to be Jewish history is in fact “Palestinian” history. Today’s defenders of the “Palestinian cause” are reduced to stealing Jewish history and heritage precisely because the so-called “Palestinians” have none of their own.

Today’s “Palestinians” are indeed an invented people. But how did they get invented? Arabs themselves answer that question for us.

http://www.frontpagemag.com/2011/david-meir-levi/an-invented-people/

Yes, Palestinians Are an Invented People

Last Friday, the frontrunner for the Republican presidential nomination, former speaker of the House Newt Gingrich, did something revolutionary. He told the truth about the Palestinians. In an interview with The Jewish Channel, Gingrich said that the Palestinians are an "invented" people, "who are in fact Arabs."

His statement about the Palestinians was entirely accurate. At the end of 1920, the "Palestinian people" was artificially carved out of the Arab population of "Greater Syria." "Greater Syria" included present-day Syria, Lebanon, Israel, the Palestinian Authority and Jordan. That is, the Palestinian people were invented 91 years ago. Moreover, as Gingrich noted, the term "Palestinian people" only became widely accepted after 1977.


http://www.realclearworld.com/articles/2011/12/13/yes_palestinians_are_an_invented_people_99796.html

1monster

(11,012 posts)
27. So in 1695 there were no people known as Americans either.
Mon Jun 8, 2015, 05:08 PM
Jun 2015

The names of most of the indigenous peoples that lived in this country meant, when translated into English, The People. (The great majority of those were killed off by the foreign diseases brought to this continent by the Europeans or were slaughtered by those Europeans and their descendents.)

If we follow the same line you seem to advocate in your post, Americans are simply a made up people too... That line of reasoning could make for seriously interesting and complicated debate.

 

closeupready

(29,503 posts)
28. I agree with you; my point was, as you imply,
Mon Jun 8, 2015, 05:37 PM
Jun 2015

the idea that someone can be a figment of one's imagination is deeply offensive, but if that this is the argument Israelis are going to spearhead in their offensive against the Palestinians, then those who have promoted it have to own it in all its ugliness.

 

Reter

(2,188 posts)
21. Wait, so this is good if you're against Israel, right?
Mon Jun 8, 2015, 01:30 PM
Jun 2015

Hard to see with that 6-3 vote. Thomas voted with the majority, this, Scalia voted no, and the two Jewish Justices voted yes. I can't tell by the vote.

 

happyslug

(14,779 posts)
29. Here is the actual opinion
Mon Jun 8, 2015, 05:47 PM
Jun 2015
http://www.supremecourt.gov/opinions/14pdf/13-628_l5gm.pdf

KENNEDY, J., delivered the opinion of the Court, in which GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined. BREYER, J., filed a concurring

THOMAS, J., filed an opinion concurring in the judgment in part and dissenting in part.

ROBERTS, C. J., filed a dissenting opinion, in which ALITO, J., joined. SCALIA, J., filed a dissenting opinion, in which ROBERTS, C. J., and ALITO, J., joined.
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